TOWN OF MARION
AFFORDABLE HOUSING TRUST – SPECIAL MEETING
March 29, 2010
MEMBERS PRESENT: Ora Mae Torres, Chair
ALSO PRESENT: J. Witten, Town Counsel
Ms. Torres called the meeting to order at 7:00 p.m.
Little Neck Village
Attorney Jon Witten noted that he has reached a consensus on all of the Trustees requests except for 1 in the regulatory agreement there is refusal by DHCD to allow the trustees to have any say in the monitoring agent. Each regulatory agreement provides for the overall protection of the 40B project. The monitoring agent is a firm or individual that monitors who the tenants are to make sure that they qualify. They are an agent for DHCD. The Board of Appeals has always written in the commission limiting who the monitoring agent can be. This is very common. In this case Attorney Witten proposes only that the town through the trustees have a say in who that agent is. DHCD was invited to the meeting to explain their position. Attorney Witten’s advice to the trustees is that the
trustees vote. Attorney Witten feels that it does not warrant not closing. He feels that the benefit of getting that provision in there is not reason enough not to close.
Attorney Witten proposed that page 20 paragraph 39 of the Regulatory Agreement “In the event of any conflict or inconsistency (including without limitation more restrictive terms) between the terms of the Comprehensive Permit, any other document relating to the Development and the terms of this Agreement, the terms of the Comprehensive Permit shall control.
The Comprehensive Permit is the permit issued to the Town of Marion and the Board of Appeals is the trustees request to the ZBA to make an insubstantial change to change to the comprehensive permit requiring that the monitoring agent hired for the purposes of this project be vetted and approved the ZBA to modify the Comprehensive Permit.
Attorney Witten noted that our consultant may be a monitoring agent or may have been in the past.
Joel Feinberg and Kim Epstein Martin represent DHCD and the trustees nominally at the same time at the closing.
Mr. Grady noted that if anything went wrong the trust has the option to put the responsibility on to DHCD. Attorney Witten agreed.
Mr. Blanchette made a motion to authorize the execution of the Affordable Housing Restriction called the Mass doc. Seconded by Mr. Grady VOTE 5-0-1
Mr. Henry made a motion to have the trustees execute the ground landlord estopple land agreement called a Mass doc. Seconded by Mr. Henry VOTE 5-0-1
Mr. Cushing made a motion to execute the 1st amendment to the ground lease. Seconded by Mr. Grady VOTE 5-0-1
Mr. Cushing made a motion to execute the notice of lease. Seconded by Mr. Grady VOTE 5-0-1
Mr. Blanchette made a motion to execute the ground lease estopple certificate called Citibank. Seconded by Mr. Henry VOTE 5-0-1
Mr. Henry made a motion to execute the option subordination agreement called Citibank. Seconded by Mr. Blanchette VOTE 5-0-1
Mr. Blanchette made a motion to execute the right of first refusal/purchase option tax credit right of first refusal. Seconded by Mr. Henry VOTE 5-0-1
Mr. Grady made a motion to execute regulatory land use agreement. Seconded by Mr. Cushing VOTE 5-0-1
Mr. Grady made a motion for Attorney Witten to be authorized to make non substantive modifications and/or corrections to any of the preceding documents at the closing. Seconded by Mr. Cushing VOTE 5-0-1
Ms. Torres and the trust would like to thank Ms. Drake for her assistance in notarizing these documents.
Mr. Grady made a motion to re-execute the lease for signatures on 1 page. Seconded by Mr. Cushing VOTE 5-0-1
The groundbreaking ceremony for Little Neck Village is tentatively scheduled for Thursday, April 22, 2010 at 11:00 a.m. It is suggested that all Trustees, former Trustees, Mr. Dawson, Attorney Witten, Ms. Schaefer, Mr. Richardson, Ms. Schwager, Mr. Bunnell, Mr. McFarland, Mr. Foster, Mr. Beck, LNV Tenants, Police Chief, Fire Chief, DPW, Kim-ORCTV, Press and State Reps be invited.
Ms. Torres made a motion to adjourn at 8:45 p.m. Seconded by Mr. Cushing
Grace Hatch, Assistant MAHT