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Zoning Variance Opposition in Neighborhood (Real Estate & Property Law)

Sat, 01 Feb 2003 13:31:00 GMT

What is the name of your state? Massachussetts
I have just received a certified mail from my city indicating that my neighbor who owns a lot of land next door to him is planning on subdividing that lot into 2 lots that don't meet zoning laws. He's going from a 2 acre zoning to 70,795 s/f and 67,495 s/f and where there is a 200' zoning to 158.17' and 101.28'. The neighborhood has houses that all avg. 2500sq ft colonials, which he plans to put a cape and a ranch on these two lots. We but conservation land and a city lake that is used as backup water supply. This neighborhood was formed 3 years ago so we're sure the builder had to conform to the zoning or else they would have split that lot and sold it as such. The neighborhood fears the depreciation of the neighborhood homes based upon this change. Some have talked about starting a petition. There are about 30 homes in the neighborhood. What are our rights as homeowners? And how do we go about protesting this? We know we need to go to the public hearing but we need to know how to be prepared and how to fight this. Thanks!

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  • Tue, 11 Feb 2003 15:50:00 GMT(1)
  • Originally posted by kao123
    In the neighborhood there was one other person who bought an extra lot in addition to their own house construction. She had to sign a purchase and sale agreement for that lot stating that she would not build anything less than a 2400sq ft home with a two-car garage in the neighborhood to be consistent with the neighborhood.
    Chances are this person has also signed such an agreement. Where can I get a copy of the purchase and sale agreement that the owner signed for this extra lot? This would put an end to this situation once and for all.
    I called the original construction company, they put the documents in archive and cannot retrieve them. What are my options now?
    Thanks!
    **A: inform the zoning board and they can request a copy from the applicant.
  • Sat, 01 Feb 2003 18:38:00 GMT(2)
  • Originally posted by kao123
    What is the name of your state? Massachussetts
    I have just received a certified mail from my city indicating that my neighbor who owns a lot of land next door to him is planning on subdividing that lot into 2 lots that don't meet zoning laws. He's going from a 2 acre zoning to 70,795 s/f and 67,495 s/f and where there is a 200' zoning to 158.17' and 101.28'. The neighborhood has houses that all avg. 2500sq ft colonials, which he plans to put a cape and a ranch on these two lots. We but conservation land and a city lake that is used as backup water supply. This neighborhood was formed 3 years ago so we're sure the builder had to conform to the zoning or else they would have split that lot and sold it as such. The neighborhood fears the depreciation of the neighborhood homes based upon this change. Some have talked about starting a petition. There are about 30 homes in the neighborhood. What are our rights as homeowners? And how do we go about protesting this? We know we need to go to the public hearing but we need to know how to be prepared and how to fight this. Thanks!
    *A: obtain signatures "in opposition to the variance" from the 30 homeowners and present to the zoning board. All should request a chance to speak and show up to the hearing en masse to protest.
  • Tue, 11 Feb 2003 15:35:00 GMT(3)
  • In the neighborhood there was one other person who bought an extra lot in addition to their own house construction. She had to sign a purchase and sale agreement for that lot stating that she would not build anything less than a 2400sq ft home with a two-car garage in the neighborhood to be consistent with the neighborhood.
    Chances are this person has also signed such an agreement. Where can I get a copy of the purchase and sale agreement that the owner signed for this extra lot? This would put an end to this situation once and for all.
    I called the original construction company, they put the documents in archive and cannot retrieve them. What are my options now?
    Thanks!
  • Leave a Comment Now.

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