Best way to inform neighbors that we hope to subdivide our lot?

Question

Hi All,

I am looking for some insight and experience with informing my neighbors about subdividing a lot my brother and I have been living on for about 3 years now. It located North of Boston and is an oversized lot that if approved, would need a variance on frontage, but will meet all other dimensional regulations in our zone and not to mention after it being built, it will "fit-in" with the rest of my neighborhood. It will give my brother an I our first experience taking a lot from planning stages straight through construction. My brother plans to continue to live in the existing house while I move into the back house for the foreseeable future.

I work in the Civil Engineering Field, so I have been getting mixed advise on the matter. From the classic developer saying "Don't tell any neighbors, the meetings are online so the neighbors won't even know!" to the person saying to go door to door.  We have the plans finalized and will be submitting within the week. We just want to inform the immediate neighbors and let them know our goals with this property.

Any advice will be greatly appreciated!

Thanks, Joe

Nik Moushon · Answer

There is no need to go door to door. This will only will this just invite more people to potentially try and stop you by voicing their NIMBY opinions and make you do what they want you to do with your property. Plus, every city has requirements on what needs to be sent out to the neighbors. If you are going to subdivide, odds are, that the city requires letters be sent out to all the neighbors within a certain distance. They will do this for you. So why would you waste your time doing this before the city will?

More importantly ask yourself, what does it gain you? Unless you are trying to do something radical and what to try and garner support from neighbors, there is no need to increase your projects risk by inviting more people to voice negative opinions about what you want to do.

Paul H. · Answer

Just follow the consent process at your local planning department. They will inform you of the process you will have to follow and if you butter them up... the likelihood that the committee will allow for the consent to sever etc. (if it's straight forward or not etc)

TLDR - Call the planning department, they will hold your hand for the entire process.

Things you can expect to do:

- Updated Survey, Approved by the city engineer depicting new lot lines and registered.

- Locate on your sewer lines. Sometimes they can cross into the new parcel, requiring additional easements or a relocation altogether.

- Spatial Calculations for buildings may be required. (For example separating two homes on one larger parcel)

- Setbacks for the zoning.  The lot will need to meet minimums - if it doesn't is there precedence in the neighborhood.

- An attorney to file the consent, maybe a shared access agreement if a driveway is shared, register the property.

- An update to your lender, since you're changing the land.

Hope this helps.

Joe Abesamra · Answer

Thanks all for responding! Just a little update, My brother and I got it passed! We are currently waiting the standard appeal timeline before we can record any plans and pull permits. We did not go door to door, but waited until the city sent out notifications. From those 40+ notices only one neighbor came to us to discuss our plans, and in the end they were pleased to hear that my brother and I would be staying in the neighborhood, after that ice breaker we went to our most immediate neighbors and gave them a hard copy of the submittal. All of them loved it and a few of them sent in recommendations to the city.

Now my brother and I are on the next steps of finding a good couple of builders and financing it!

-Joe

Jonathan R McLaughlin · Answer

@Joe Abesamra every town has a procedure for notification, follow it.

It’s the abutters that can give you the most problems so make sure to do everything by the book there.

Sounds like a variance issue not a rezone. May be worth finding a well known to the planning board attorney….

Joe Splitrock · Answer

@Joe Abesamra it really depends on your rezoning process. In my city if you file for rezoning, they will post a notice on the property a couple weeks before the meeting. Anyone who disagrees with the the rezoning has to attend the meeting to voice concerns. In that case notifying neighbors would only draw more attention to the rezoning. I wouldn't be too happy if my neighbor squeezed another house into the neighborhood. Expect them to be unhappy no matter how they find out about it. Just tell them you are helping solve the housing shortage by opening more buildable land, haha.

Lien Vuong · Answer

Congrats on this exciting venture!

I don't think you're really going to be able to get everything permitted without the agreement of your neighbors so I would start the conversation with them now. If they feel deceived or slighted in some way, they could put the project on hold indefinitely. What I would do in this is create some sort of literature (Canva.com offers a lot of easy formats) to talk about the project and what you're looking to achieve. I would iterate that you're doing this as a owner occupant and not 'developer' so that it's not strictly a financial transaction but you intend on staying here.

Nik Moushon · Answer

This varies by jurisdiction. Mine requires letters sent out on a short plat too. So OP will need to check his own laws.

Jamie Hora · Answer

In my experience, if it does not require any "re-zoning", you wont need to formally inform nearby property owners.  You are subdividing, which is only requiring you to replat and not change anything regarding the lot zoning.  If it is something that you feel inclined to do, you could send a handwritten letter to the immediate neighbors?

Best way to inform neighbors that we hope to subdivide our lot?

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