7/12/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 12, 2017 Mr. Allan Isbitz, Chairman of the Affordable Housing Committee for the Town. He addressed the Board and said his Committee discussed this situation quite a bit. He said that the unit was intended for moderate income buyers for 80% to 120% of the median income, and the restrictions are pretty firth. He said that not only is the deed rider limited to a maximum resale price, which is in the agreement, but it is also subject to a purchase certificate that the monitoring agent, in this case the Housing Assistance Corporation, issues with the explicit understanding that the restrictions remain in place. He doesn't understand why the restrictions have to be lifted in order to sell at a comfortable resale price. He said he understands that it complicates the sale but the restrictions are there for a reason because over the long term this will be a unit that will be available for a moderate income buyer. The circumstances that exist now in the market place may not exist in the future, and the restrictions may have more meaning in the future. Mr. Isbitz said he spoke with Gael Kelleher with the Housing Assistance Corporation that afternoon and her understanding is that there may be in fact a buyer who is interested in the unit currently who may in fact be an eligible buyer, and is waiting for the seller to approach HAC to go over the details. Mr. Isbitz said that he speaks for the Committee and that they are certainly interested in keeping the restrictions in place and legally that they have to stay in place. Attorney Freeman said he is on the Board of the Housing Assistance Corporation and said he works with Gael Kelleher and does not believe that there is an eligible buyer and believes she would have told him and his clients. Chairman Furbush asked what the current asking price was. Ms. McBrien said it is $364,000. Board Member Scott Goldstein read the letter from Gael Kelleher, of the Housing Assistance Corp. to the Board into the record that clearly explains how the program works under the deed rider. Attorney Freeman interrupted the Board's closing comments stating that this does not count under the Town inventory. Mr. Isbitz said that this 40B project does in fact count toward the 10% Town inventory. His understanding is that as long as 25% of the units are low income units under this project then all of the units count under the SHI. Chairman Furbush polled the Board members for their closing comments. Associate Member Mr. Gould said that he referred to the number of moderate inventory homes under the program. He said that it was bothersome and thought provoking that the applicants were asking for the maximum resale price and they have been fortunate enough to enjoy this wonderful program over the years and would like to see it continue without affecting the inventory. 3