HomeMy WebLinkAboutAtty Ubelis Ltr to ZBA 2004.10.6 - Correspondence - 0000 Meetinghouse Road 10/6/2004 SMOLAK & VAUGHAN LLP
Attomicys at Law
Jefferson Office Park
820 Turnpike Street, Suite 208
North Andover, Massachusetts 01848
} Telephone 978-327-5220
Facsimile 978-327-5219
John T.Scnolak,Esq.
Dircet 978-327-5215
Email:jsms�lak��Sn�alakV�agiian.com ',
October 6,2004
VIA FAX AND E-MAIL
Thomas J. Urbelis,Esq.
Urbelis&Fieldsteel, LL.P
155 Federal Street
Boston, Massachusetts 02110
RE: Approval.of Form of Regulatory Agreement and Deed Rider
Comprehensive Permit, dated May 24,2002
Project: Meetinghouse Commons
Property: South Bradford Street, North Andover
Applicant& Owner: Meetinghouse Commons LLC
Dear Attorney Urbelis:
Thank you for your prompt response to my September 24,2004 letter which
included a proposed form.of Regulatory Agreement, Deed Rider and Monitoring Services
Agreement. The following;are my comments in response to your October 1, 2004 letter:
1. With respect to the Monitoring Services Agreement,you have recommended to
(lie Board of Appeals to increase the limit on the amount the Monitoring Agent should
spend for enforcement of the Regulatory Agreement from $2,000 to $20,000. As you
requested,we have made this change. Also note that we have also made several
additional changes to Paragraph 2 of the Monitoring Services Agreement based upon the
request of CHAPA. Those changes relate to the way CITAPA's initial fee would be paid,
and the amount that CHAPA would be paid upon the resale of each Affordable Unit.
2. Paragraph 1(b)of the Deed Rider is a standard provision within Deed Riders
because one cannot expect an owner or lender to agree to hold onto an affordable unit for
months or years if an eligible purchaser could not be found and that is why this provision
is included as a standard provision in Deed Riders for all the various affordable housing
programs (Le., New England Fund, Housing Starts). Please note, however,that the Town
is protected in that if an eligible purchaser cannot be located, then the difference between
the Market Sale Price and the defined Maxtmu n Resale Price must be paid to the
Municipality. Please note that this provision includes exactly the same language your
office had previously approved in Regulatory Agreements for both the Kittredge
BOARD OF APPEAUS
SMOLAK& VAUGHAN LLP
Thomas J. Urbelis, Esq.
October 6,2004
Crossing Project,as well as the Coachman's Development Project located off Haverhill
Street in Andover.
3. Paragraph 12 of the Meetinghouse Commons Comprehensive Permit Decision
appears to include the same requirements as to term which were imposed on the units for
the Kittredge Crossing Project. The provisions related to the term of affordability set
forth in the Deed Rider for this Project include the identical term of restriction approved
by you in the Kittredge Crossing Project. Accordingly,we feel the 99-year term should
be sufficient in this circumstance and there is no reason to treat this Project differently
from the Kittredge Crossing Project since both were approved using identical subsidy
programs.
4. The condominium documents are in the process of being prepared by the
Applicant but have not yet been completed, As soon as the same are completed, we will
forward the.same to you for your approval as to form. The approval requirement is a
precondition to the issuance of a certificate of occupancy and is not a precondition to the
issuance of a building permit,
1 have enclosed a compare version of the Monitoring Agreement which identifies
the changes made as discussed above. Once again, that you for your response to our
September 24,XNA letter to you, and please contact me at your earliest convenience
should you have any questions regarding these matters since the Board will be holding a
meeting on this matter next Tuesday,October 12.
Very truly yours,
John T.Smolak
JTSJ `
cc: Town of North Andover Zoning Board of Appeals
Thomas D. Zahoruiko,Manager,Meetinghouse Commons, LLC
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