Legal Question in Real Estate Law in Massachusetts

Re: A neighbor subdividing his lot

When your neighbor applies for the Variance you will be notified of the date and time of the hearing before the Zoning Board. At the hearing you will be given an opportunity to provide reasons why the Board should deny the petition. For example, you could argue that two houses on the lot will make the area too dense and/or the other house will encroach upon the open space between the homes. As an abutter, you have standing to either show-up at the hearing or submit written comments to the Board. The Zoning Board has the ultimate power to grant the variance or deny the variance. Most Zoning Boards will seriously consider abutters concerns and take this into consideration. In most cases, the person applying for the variance should speak to the abutters prior to applying for the variance and discuss the plans to see if there is any opposition and to see if plans can be altered to eliminate the abutters concerns. You should also obtain a copy of the city/town's zoning ordinance to determine how great a variance the person needs.

Re: A neighbor subdividing his lot

I would add to the reply posted by Attorney Trant that, if the vairance is granted by the Zoning Board, you MAY have the right to oppose the decision in court. In general, there is a presumption that an abutter is a "person aggreived" who has the right to oppose a variance granted to a neighboring lot. However, if such standing is challenged, the abutter must put forth credible evidence to substantiate his allegation. In order to continue with his opposition, the abutter must offer "evidence of 'a plausible claim of a definite violation of a private right, a private property interest, or a private legal interest that is different from that suffered by the community generally." In other words, the abutter must come up with evidence that the proposed use of the other property allowed by the variance will have a significant adverse effect on him which is different than the effect which it has on the community in general.