July 1, 2008
222 North East Street. Unit 5
Amherst, MA 01002
June 29, 2008
Board of Registrars for the Town of Amherst
Amherst, MA 01002
Dear Sirs and Madams:
We have received your mailing that advises us of a complaint against us which claims that we are not residents of the Town of Amherst and therefore we are not legally registered voters in Amherst
Mr. Lawrence Kelley has made his determination that we do not live on Amherst on several erroneous assumptions:
1. Voter residence and registration. Both Anne Awad and Robie Hubley are registered as legal residents and voters in Amherst, and nowhere else. We both affirm that that is the case. It is the burden of the complainant to prove that we are not residents and voters of Amherst for this procedure to move forward. If the complainant cannot prove those allegations the complaint must be dismissed.
2. Homestead Act. Mr. Kelley maintains that a Homestead Declaration equals residence. Actually, MGL Chapter 188 says “An estate of homestead…may be acquired…by an owner or owners of a home…who occupy or intend to occupy said home as a principal residence.” [emphasis added]
3. Mortgage documents language. . The mortgage document relating to the South Hadley home includes a phrase that we should take occupancy by June 10, 2008. Mr. Kelley maintains that the occupancy date is an inflexible and compulsory matter of law. Florence Savings Bank officers have assured us that this provision is a rule of the bank, not a matter of law
If summoned by you, we shall appear and respond to any questions you may have about our residency. You have here our declaration that we, Anne S. Awad and Robie Hubley, are and remain long-time residents and registered voters in the Town of Amherst. We live here, sleep here, eat here, and go about our lives here. It is true that we purchased a house in South Hadley and we plan to move to that house when it is appropriate. When that occurs, we shall register as residents and voters in South Hadley, and proper notice will be given to the Registrars/Town Clerk to remove us from the voter rolls for Amherst.
Anne S. Awad Robie Hubley