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Holyoke HRA approves release of reverter on 160 Middle Street

2444227 · January 22, 2025
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Summary

At a remote Holyoke Redevelopment Authority meeting, the HRA voted to release a reverter clause on 160 Middle Street while preserving several deed restrictions including a workforce commitment, a tax‑paying requirement and a ban on transfer‑station activity.

The Holyoke Redevelopment Authority voted at a remote meeting to release a reverter clause tied to 160 Middle Street, allowing the seller to transfer title to a buyer who is currently using the site for truck parking and plans to install fencing, officials and attorneys said.

The reverter release removes a deed provision tied to resale proceeds while preserving other deed restrictions, including a workforce‑development commitment, a requirement that the property remain tax‑paying, and a ban on operating a transfer station on the site, according to staff and attorneys who spoke at the meeting.

Attorney Dan McKellick of Bacon Wilson, who said he represents the buyer, told the board that title work completed for the buyer showed a reversionary deed remained on the record and that the parties brought the issue to the city to “see what steps we need to take.” He said the buyer’s current use is consistent with the IG zoning district and that the buyer, as tenant, has been maintaining the lot.

Tom Griffin, who identified himself as the seller’s representative, joined McKellick in answering board questions. Frank Stefano, the buyer’s representative, described cleanup and security work the buyer has already completed at the site: “If you drive by the property now ... we have spent time there and the number 1 goal was to clean up the property as far as making it presentable,” Stefano said. He said the buyer had leveled the lot, installed temporary foundations and planned a fencing contract once the title transfer is finalized.

OPED staff informed the board that the original deed included a resale premium provision entitling the HRA to 2 percent of any future sale price above the original price. The staff calculation provided to the board showed a premium of $900, which the board discussed as representing the 2 percent premium and implying a $45,000 sale price in the staff calculation provided to the authority.

A board member moved to approve a release of the reverter while keeping the other deed clauses intact “as written in the documents that we received, and approved by our city legal.” Another board member seconded the motion. The board then conducted a roll call; board members present recorded affirmative votes and the motion carried.

Attorney McKellick and OPED staff clarified at the meeting that the HRA would release the reverter itself while other deed restrictions would remain enforceable. McKellick said the release is to be prepared in coordination with city legal counsel (Attorney Jane Mantoleski) and returned to counsel and the parties to implement.

Next steps, as announced at the meeting, are for HRA staff to work with city legal counsel to draft the release document and then return to the parties to finalize the conveyance paperwork.

Votes at a glance: Motion to release the reverter on 160 Middle Street while retaining other deed clauses — approved (roll call recorded as affirmative; board counsel to prepare the release).