In a debate highlighting the growing complexity of affordable housing management, Chilmark selectmen are split over whether affordable housing recipients should be able to pass on their homes to their heirs.
The question arose after a Chilmark couple which won the right to buy a two-acre lot at High Meadows development was misled on the issue due to an administrative error on the part of the town.
Sean and Dardanella Slavin, who have a young son, received a summary of deed restrictions during the pre-application process, but it included no restrictions relating to heirs.
The town is now finalizing a deed rider for the purchase clarifying that heirs must satisfy affordable housing income requirements.
At Wednesday’s meeting, selectman Warren Doty argued that families should be encouraged to stay in Chilmark. Selectman J.B. Riggs Parker was adamantly against the idea, voicing commitment to the principle of affordable housing in perpetuity. And somewhere in the middle was chairman Frank Fenner, who agreed in principle with Mr. Parker, but felt that an exception should be made for the couple in the present case.
Mr. Parker said he discussed the matter with town counsel Ronald H. Rappaport and believes the change would require a town meeting vote and an amendment to the town affordable housing bylaw.
“Frankly I don’t think we have the power to do this,” said Mr. Parker. “And we’ll lose more and more of what we’re trying to do. It’s unfortunate the mistake was made in the summer. But the bylaw requires perpetual affordability; we’re trying to build an affordable pool. It could go to generation after generation of owners who don’t qualify.”
Mr. Doty offered an opposing view.
“The housing trust does permit property to be left to descendents with no restrictions,” he said. “Other towns do it. We emphasize family and the need to keep family here. I would go for a provision that allows affordable housing to stay with the family, and then ultimately be sold back into the pool.”
Mr. Fenner said he agreed with Mr. Parker on the purpose of affordable housing but that in the case of the Slavins, it would be unfair.
“We’re talking about an individual deed rider,” said Mr. Fenner. “They applied in good faith. It was our error. It’s not fair to force a remedy after the fact.”
The board ultimately voted to revisit the issue at a selectmen’s meeting March 3 and to seek the advice of counsel in the interim.
The Slavins must sign off on their property by April 15 or forfeit their right to purchase.
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