The project eligibility letters for the Pulte project state that the total number of units approved was 163, which is the total number of project units presented to the ZBA by Pulte, but left unanswered is the number of units set forth in the Purchase and Sale Agreement because that number was redacted by Pulte from the P&S it submitted to Mass Housing and to the ZBA.
The P&S provides that the closing date is March 16, 2026. The P&S gives Pulte the right to extend the closing date for two successive six month periods if any of the pre-conditions to closing have not been satisfied. One of the pre-conditions to closing is the approval of the P&S number of units.
However, if the P&S number of units is less than 163, then Pulte will be unable to claim that the absence of governmental approval for the P&S number of units entitles it to extend the closing date beyond March 16, 2026. If Pulte does not close by that date, the P&S will then be null and void.
March 16, 2026, happens to also be the date on which the ZBA hearing is scheduled to resume. If Pulte refuses to disclose the P&S number of units by that date, and if Pulte has not closed by that date, then the ZBA should vote that night to deny approval, because Pulte will lack site control as of that date.
– Richard M. Serkey
Serkey is a Precinct 2 Town Meeting member.