Sweet home South Hadley: Town couple's residency status is still unclear

By Scott Merzbach
Staff Writer

Published on May 30, 2008

Select Board member Anne Awad and Town Meeting member Robie Hubley are still making the legal claim that the house they bought in South Hadley in April is their primary residence, according to documents filed with the Hampshire County Registry of Deeds.

On April 10, the couple signed a homestead protection declaration stating that the property at 4 Jewett Lane was their primary residence.

Some in town, including frequent critic Larry Kelley, questioned why they were still serving in town positions if they were moving to South Hadley. Awad and Hubley have lived in a condo on North East Street.

In a letter to the Bulletin published May 23, Awad and Hubley said they filed the homestead declaration by mistake. "We removed the homestead declaration as soon as we realized the error."

But an online database, which compiles all documents related to real estate transactions within the county, shows no subsequent documents to the April 10 homestead declaration that Hubley filed. A visit to the registry May 27 revealed no change in the documentation. The declaration allows homeowners to protect their property from lawsuits for up to $500,000 of the value of their primary residence.

Select Board Chairman Gerry Weiss said Wednesday that he has no problems with what Awad and Hubley have done. He said it appears they simply bought a house in another town, and if and when they decide to move there, he fully expects them to make the announcement in a timely manner so that a special election can be scheduled.

"I don't get what the flap is," said Weiss, referring to Kelley's frequent postings about the issue on his blog, an editorial in the Bulletin and comments from others. "It feels ugly to me; it feels mean spirited."

Awad has served for eight years, essentially working for many hours each week on behalf of the town for only a small stipend, Weiss said. "I'm disturbed people are treating them the way they are," Weiss said.

Neither Awad nor Hubley were available for comment by phone or email.

Kelley defends his blog posts, saying it is a matter of trust.

He adds to his argument by referring to a copy of their mortgage, which he obtained from the Hampshire County Registry of Deeds. This states they must take up residence in South Hadley by June 10.

Kelley added that he finds it impossible to believe that they could misunderstand the purposes of the homestead declaration.

In their letter, they wrote, "We were unaware that such protection can only apply to one's primary residence."

Kelley said even if they are telling the truth, they are violating the spirit of the town government act by not living in town and yet remaining registered voters.

In fact, this was a partial justification in 2004 when former Select Board member Carl Seppala was removed from the town's Joint Capital Planning Committee by a 3-2 vote of the board. At the time, member Awad cited both that Seppala didn't represent the majority viewpoint of the board, and the possibility of his leaving town to live in New Salem, as justification for the removal.

Town Manager Larry Shaffer, at a recent Town Meeting session, said town counsel determined there was nothing improper about Awad or Hubley's actions and that both were entitled to remain in their posts. According to town officials, there is no law requiring people who serve in office to step down; it's up to the person serving to decide when that time has come.