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Land Court upholds condo bylaw Approximately one year ago a Land Court judge heard a case against the town filed by East Weymouth residents Andrew and Sandra Owen, who also have island property at 30 and 32 Flintlock Road. The essence of the case argued that a Nantucket bylaw requiring that primary and secondary dwellings be held in common ownership is unconstitutional. The only exception to this law allows a second home to be sold separately if voluntarily placed under a covenant by its owner. Under the covenant program, run through the Nantucket Housing Office, the sales price of the second unit is currently limited to a maximum of $442,496 and the sale itself restricted to qualified buyers earning no more than 150 percent of Nantucket County’s median income. The purpose of the rule is to encourage middleincome families to reside on the island and to provide an affordable housing supply. In August 2002 the state legislature passed an act authorizing affordable housing covenants in Nantucket. “The decision is very good news for the town and the Nantucket Housing Office, but the judgment is still subject to appeal until January 10,” said attorney Emily Avery. Avery, who is president of the NHO board, explained that the agency joined the town in the suit to assist in defending the validity of the bylaw. “The Owens believe they should be able to create condos with no restrictions at all,” said Avery. “We prevailed on every count. The judge agreed with the Town of Nantucket on all points.” A call to the Owens’ attorney was not returned. According to the Dec. 11 decision, the Owens have not lost anything they could legitimately expect to have, considering that they built the second home on their land with knowledge of the common ownership requirement. I |
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