HomeMy WebLinkAboutAtty Ubelis Ltr to ZBA C...greement and Deed Rider.2004.11.15 - Correspondence - 0000 Meetinghouse Road 11/15/2004 I
URBELIS&FIELDSTEEL, LLP
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THOMAS J. URBELIS Telephone 617-338-2200 Andover
e-niail tju@ufb.com Telecopier 617-338-0122 Telephone 978-475-4552
November 15, 2004
Board of Appeals
North Andover Town Offices
400 Osgood Street
North Andover, MA 01845
RE: MEETINGHOUSE COMMON
Dear Members of the Board:
At Bob Nicetta's request, I am writing with my comments about Attorney John Smolak's
October 27, 2004 letter to me and the attachments included therein. The Board was copied on
the letter.
The provisions of the revised Regulatory.Agreement and Deed Rider submitted by the
applicant provide that if an eligible purchaser cannot be found for an Affordable Unit, the Seller
may sell at a Maximum Resale Price (as set by the Monitoring Agent) and the affordability of
each Affordable Unit will be preserved each time that subsequent resale of the affordable unit
occurs during the period of affordability specified in the Board's Comprehensive Permit
The Property sold to an Ineligible Purchaser shall be subject to the continuing obligations
and restrictions contained in the deed rider, so that when the Property is resold by the Ineligible
Purchaser, the sale procedure outlined in the Deed Rider must be followed by the selling
Ineligible Purchaser, with the Town's right of first refusal still existing and the restriction of the
sale being to an eligible purchaser. The deed to the Ineligible Purchaser shall clearly state that
the Property is being conveyed subject to the deed rider. Under these proposed circumstances, I
do not know if there is a period of time in which DHCD removes the unit from the calculation of
whether the Town has reached the 10% threshold of affordable units.
These revised documents also add a new requirement, in Section 2(b) of the Deed Rider
that the Town's chief elected official execute and deliver compliance certificates in accordance
with the terms of the Deed Rider. My assumption is that DHCD contemplates that for North
Andover the person is the chair of the Board of Selectmen.
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UAPPEALS
URBELIS& FIELDSTEEL, LLP
November 15, 2004
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The Deed Rider also provides in Sections 4(b) and 5(a) that in the event of a foreclosure,
if the property is sold for a price in excess of the greater of(1) the mortgage note, interest and
costs and expenses and (2) the Maximum Resale Price, the excess (if any) is paid to the Town
and the affordability restrictions of the unit are lost forever. Therefore, in effect, if an owner, for
whatever reason, does not pay the mortgage and if there is a foreclosure, the affordability of that
interest is lost.
With regard to these revised documents, and when comparing their provisions with the
affordability requirements of the comprehensive permit, it is your determination to make as to
whether (1) the applicant must file for a modification of the decision or (2) the proposed
documents must be revised by the applicant or (3) the documents represent an"insubstantial
change" of your decision and therefore are acceptable.
I have not received the DHCD approval letter referenced on the second page of Attorney
Smolak's letter dated October 27, 2004 with regard to G. L. Chapter 184, in accordance with
Paragraphs 11 and 12 of the Comprehensive Permit Decision. Therefore, I can offer no
comment on that issue at this time.
Please call if you have any questions.
Very truly yours,
Thomas JU&rbelis
TJUllah
cc; Board of Selectmen
Heidi Griffin
D. Robert Nicetta
Mark Rees
John Smolak, Esq.
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