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9. HAC has made no effort to find a "moderate income" buyer for the unit and the <br /> Town of Mashpee refused to purchase it. <br /> 10. As such, the Plaintiff can sell the unit at the price defined by the restriction (or at <br /> a higher price with excess profits going to the Town) to a person who does not meet the <br /> "moderate income" restrictions, but the restrictions on resale will remain as a limitation <br /> on further resale. <br /> 11. The Plaintiff has found buyers who will purchase the property, but each purchase <br /> agreement has been cancelled due to the resale restrictions. <br /> 12. The Plaintiff requested that the ZBA modify the comprehensive permit to <br /> eliminate the requirement that the unit be for "moderate income" with a restriction on <br /> resale as she cannot find a buyer who will purchase the unit subject to said restriction <br /> by filing a petition with the ZBA on or about June 9, 2017. <br /> 13. On June 28, 2017, the ZBA opened a public hearing on the petition and <br /> continued the hearing to July 12, 2017 <br /> 14. On July 12, 2017, the ZBA voted against granting the petition by a vote of zero in <br /> favor of the petition and five opposed. <br /> 15. On July 21, 2017, the ZBA filed its decision with the Town Clerk of the Town of <br /> 3 <br />