Missing the Pointe…

USA (SANEPR.com) May 14, 2009 -- On April 6, the State’s Housing Appeals Court upheld its previous ruling that North Pointe, an over-55 rental housing community located at 511 Washington Street in Hanover, could remove the age-restriction and lease units to tenants under that age as well. North Pointe Co-Developer Rick Lincoln thought that marked the end of a long legal battle. The Town of Hanover, in spite of increasing fiscal demands that are putting a strain on the Town’s available revenues, has decided to appeal the decision, a move that has Lincoln somewhat perplexed.

“To date, these appeals have cost the Town of Hanover more than $150,000 in attorney fees. Is it really worth it to the Town to appeal a case for the second time with a minimal chance of reversal when municipal jobs and services are at stake?” asked Lincoln. “A full complex will only add to the Town’s tax base and put more consumers on Main Street.”

Lincoln contends the town’s original objection to removing the age restriction had to do with initial plans to convert the 74 rental units at the over-55 rental property into condos for sale. Since North Pointe is a 40B affordable housing property, Lincoln and his partner thought sale of the units to be the only option available. After consulting several legal experts familiar with 40B, they found out it was possible to remove the age restriction and keep North Pointe as a rental property while maintaining its status as a 40B. Even though the Hanover Zoning Board of Appeals preferred rental units to condos for an age-restricted facility, the Town did not want the additional rental units without the restriction, thus beginning the case in the Housing Court of Appeals.

Some of the Town’s objections stated in the case include:

North Pointe owners misjudged housing market and was quick to give up on the idea of 55-over age restricted as rental units (to date, North Pointe has continued as an age-restricted facility and is presently at 50 percent capacity)
Costs incurred to town by additional families moving into North Pointe (North Pointe features one- and two-bedroom units; while there are communal areas, there’s no yard or space for children to play and is unlikely to draw families)
Affordability of rental units (at $1375 per month for a one-bedroom and $1675 for a two-bedroom, two bath, North Pointe rents are at market value)

“Thankfully, the Housing Court of Appeals and the Land Court did not agree with the Town’s objections and on April 6 we were able to remove the age restriction on North Pointe and make it available to everybody,” said Lincoln. “Still, with the Town pursuing a second appeal, it puts us in a rather difficult situation in renting out units.”

Continued Lincoln, “Interesting is the fact that a developer down the street was allowed by the Town of Hanover to double his units and remove an age restriction. It is troubling that a town can operate in this fashion and that money for legal fees does not seem to be a concern for Town officials.”

Located at 511 Washington Street in Hanover, Massachusetts, North Pointe is close to the major commuting routes in the area—Route 3, Route 139 and Route 53—and a short drive to many fine shops, malls, restaurants and health care services. One bedroom/one bathroom units start at $1375 per month and two bedroom/two bathroom units go for $1675 per month. Heat and hot water is included.

Each unit features nine-foot ceilings, granite countertops, ceramic tile in the kitchen and bathroom(s), washer/dryer, patio/balcony, central air conditioning and much more. Yet beyond the amenities for each individual unit, North Pointe offers a real sense of community, fostered by common areas like the fitness center, reading room and function room with kitchen.

For a virtual tour of North Pointe, you can visit www.northpointe-hanover.com or call (781) 826-5666 to schedule an in-person visit.

About North Pointe apartments
Located at 511 Washington Street in the thriving town of Hanover, Massachusetts, North Pointe offers the comforts and convenience of suburban living. Each one and two bedroom unit features nine-foot ceilings, granite countertops, ceramic tile in the kitchen and bathroom(s), washer/dryer, patio/balcony, and central air conditioning. Tenants also enjoy on-site management, 24-hour emergency maintenance, on-site parking and basement storage. In addition to your individual unit, residents also have access to several common areas, including fitness center, reading room and community room. For a virtual tour of North Pointe, you can visit www.northpointe-hanover.com or call (781) 826-5666 to schedule an in-person visit.