HomeMy WebLinkAboutAtty Ubelis Ltr to ZBA 2004.10.12 - Correspondence - 0000 Meetinghouse Road 10/12/2004 w. 12. IUUq ii:) i VHU1a N r1tLV01rcL IVV, �VI L
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Tetecopier 617.338-0122 Icleph4nC 976 d75-4552
October 12,2004
By
North Andover zoning Board of Appeals
27 Charles Street
N.Andover,MA 01845
RE: MEETINGHOUSE COMMONS
Dear Members of the Board.
I have reviewed the letter dated October 6,2004 to me from Attorney John
Smolak and the documents enclosed with that letter and previous correspondence.
I believe that the documents which you are being asked to approve may
not be in compliance with Decisions#2001-033.
Specifically,the"in perpetuity"provisions of conditions I I azld 12 of
Decision#2001-033 for affordable units would not be complied with in certain
circumstances. In the Deed Rider it appears paxagrapb 1(b)would lead to the
situation where,if the Monitoring Agent cannot find an eligible purchaser for an
affordable unit within a limited period of time, and the town does not buy the unit,
theft the seller can sell at fair market value, the town gets the difference between
that price and the maximwn resale price,and then the affordable restriction is
lifted_f9rever, from that unit. That appears to be inconsistent with the requirement
of"in perpetuity"for the affordable unite as stated in paragraphs 11 and 12 of the
Affordable Housing portion of the Board's approval.
Therefore it appears that either the applicant's documents must be
revised,or the,Board must determine whether the applicant must apply for a
modification of the Decision,or the Board must determine if the proposed terms
of the Deed Rider represent an insubstantial change to the conditions of Decision
2001-033.
Also,condition I I of the Decision requires that"Moreover, in the event
that the Affordability Requirement is not perpetual,MHC shall submit to the
Board written evidence of its efforts to secure approval of the perpetual restriction
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BOARD OF APPEALS
OCT, 12, 2004 12:56PM UR9EEIS & EIELDSTEEt MI r,
U POELIS&FMLZS!'EEL,LLP
Andover Zoning Board of Appeals
October 12,2004
Page 2
and any written denial therMf"(emphasis supplied). I am not aware of any such
evidence having been presented to the Board.
Very truly yours,
Thomas J,Urbelis
TJU:saf
Enclosure
cc: John Smolak,Esq.(by fax)