7/12/2017 ZONING BOARD OF APPEALS Minutes

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MASHPEE ZONING BOARD OF APPEALS MEETING MINUTES JULY 12, 2017 Associate Member Brad Pittsley said for the record that the permit was. written with the restriction in perpetuity and believes it should still stand. Board Member Scott Goldstein said he agreed with both Jim and Brad. He said it's a tough situation but it seems there has to be a happy medium price it can be sold at to be kept as a moderate income unit; if there is a price out there that would be a little better. Mr. Blaisdell said he had no additional comments. Chairman Furbush said in his closing arguments that he does not want to discuss what he communicated with the Town Attorney, and that it is confidential. He said while there is probably some level of hardship affecting Katherine McBrien that could be a compelling factor in favor of granting the waiver, she knew well the deed restriction terms at the time of her purchase and the waiver of a deed restriction is somewhat an extraordinary action with respect to a 40B unit, which could encourage other similarly situated owners to seek the same relief. Mr. Furbush said he has seen no evidence that the McBrien's have been willing to lower the asking price of their unit down to, or below, the maximum resale price of $330,605. As was discussed two weeks ago, Gael Kelleher, Director of Real Estate for the Housing Assistance Corporation has this view on the situation as follows and I quote. "It was made clear to the owners that the maximum resale price is in no way a guarantee, but rather a price ceiling. We recommended to the owner that the asking price be lowered to reflect the value of purchasing the property with a resale restriction. We informed the owner that the buyer would want to have a substantial discount from the market value in order to purchase a home that has resale restrictions; buyers would expect an unrestricted home if they were paying market price. In the past, we have been successful in selling "moderate" restricted homes when the resale price calculation number was high or close to market value because the sellers chose to take a small profit and priced their home well below market and well below the Maximum resale price. This is more in keeping with the way the program was designed." Mr. Furbush continued to say that as a Board, one thing we should always strive is to be consistent. Even though all cases stand on their own merit, I feel lifting the deed restriction on this 40B unit would set a precedent and would be detrimental to the Town's need for affordable/moderate housing units and it could encourage other similarly situated owners to seek the same relief. Vice Chairman Bill Blaisdell announced that he would motion the modification in the positive statement and then address the Board to vote to either approve or not approve.. Mr. Blaisdell made a motion to approve the application request as heard. Mr. Pittsley, seconded the motion. Chairman Furbush so moved. Mr. Gould voted against, Mr. Pittsley, voted against, Mr. Goldstein voted against, Mr. Blaisdell, voted against, Mr. Furbush voted against. The Board unanimously voted against the modification request of the 40B deed restriction. 4