What is a realtor required to disclose regarding an undeveloped lot next to a home?

[Taxing Matters]

You're wrong. They've litererally said they need this project on this site to protect other parts of town. Imagine how you might feel in such a situation.

Do the other parts of town have similar facilities? My city has adopted a policy that such facilities are to spread to all areas of the city, no neighborhood is exempt.

 

[PayrollHRGuy]

Since you don't know if the plan for the apartment was disclosed and don't know if your new neighbors would even care, I have to ask, what is your plan here?

 

[quincy]

What is an "area of growth"? This is a residential street. The 2.4 acre plot

Your house appears to be located in an area where the demand for building sites exceeds the land available to build.

This might mean that your house’s value as a single family residential home decreases but your property’s value as a future multi-family complex or commercial site increases (assuming your property can be zoned commercial).

In other words, your house is the golf course that becomes a retail complex or a house that becomes an apartment complex.

 

[RG and HV]

When you buy property you have to understand that the neighbors may do anything to their property that is not prohibited by law. And when that property is owned by the government, you have to assume that some public use will be made of that property at some point. Too many buyers look at a neighborhood as it is now and assume it will always remain pretty much the same, and that's a mistake. Areas can, and do, change, sometimes very dramatically in a short period of time.

When you buy property you have to understand that the neighbors may do anything to their property that is not prohibited by law. And when that property is owned by the government, you have to assume that some public use will be made of that property at some point. Too many buyers look at a neighborhood as it is now and assume it will always remain pretty much the same, and that's a mistake. Areas can, and do, change, sometimes very dramatically in a short period of time.

The problem is, there are two sets of laws governing these issues. Local zoning and bylaws, which I voted for and that are designed to protect the interests of the town and its residents. 40B is specifically designed to bypass all your local zoning regulations. One thinks one has a voice in a participatory democracy, but then you find out, the game is rigged in favor of the developers. By design.

 

[cbg]

Sounds like this isn't at all about the neighbors being notified or not notified. Sounds like he thinks he's hit on a way to stop something HE doesn't want.

 

[RG and HV]

Since you don't know if the plan for the apartment was disclosed and don't know if your new neighbors would even care, I have to ask, what is your plan here?

We have a neighborhood group. Ideally, the "plan" is to find a fatal flaw in the site or some other way to stop the project of cut the size in half.

 

[PayrollHRGuy]

We have a neighborhood group. Ideally, the "plan" is to find a fatal flaw in the site or some other way to stop the project of cut the size in half.

Let's say the new owner wasn't notified and was supposed to have been. That would have zero effect on the building of the apartments.

If you want to ask about legal ways to fight such a development you should have asked that question.

 

[RG and HV]

Sounds like this isn't at all about the neighbors being notified or not notified. Sounds like he thinks he's hit on a way to stop something HE doesn't want.

I guess your 'he" is me. Nice to meet you. Fortunately, it's still not a crime to seek information about what our rights are in this situation and appropariate notification would be part of that. And yes, if that resulted in a way to stop this development, I would be extremely happy.

 

[RG and HV]

Let's say the new owner wasn't notified and was supposed to have been. That would have zero effect on the building of the apartments.

If you want to ask about legal ways to fight such a development you should have asked that question.

If I wanted to ask the question you suggest, I would have done so. My question was about notification. Seems legit to me. And if they should have been notified but weren't, I'd say that's a big problem.

 

[Just Blue]

If I wanted to ask the question you suggest, I would have done so. My question was about notification. Seems legit to me. And if they should have been notified but weren't, I'd say that's a big problem.

It might be a problem, but not a problem that would stop the building of the housing.

 

[Zigner]

And if they should have been notified but weren't, I'd say that's a big problem.

...but not helpful towards your final goal in the least.

 

[Mass_Shyster]

If I wanted to ask the question you suggest, I would have done so. My question was about notification. Seems legit to me. And if they should have been notified but weren't, I'd say that's a big problem.

As has been previously pointed out, there was no notification requirement. Even if there had been, the recourse would have been a suit against the seller for failure to disclose. That would have no impact on the development.

Something else is that this appears to be a senior development. Senior developments don't generally have the same impact on a neighborhood as "regular" low-income housing. The 45 units will probably have 60 - 90 seniors living there (assuming 50% couples). The information about the other development that was denied said that "standard" developments have a density of 10 units per acre, and that one was denied had a density of 30 units per acre. This is a 2.3 acre lot, so "standard" would be 23 units, while "overdeveloped" would be 69 units. 45 is right in the middle.

If their senior development is denied, they'll probably come back with fewer units, but no age restrictions. 23 units with a single mom and three kids each may not be as peaceful as 90 seniors.

 

[PayrollHRGuy]

If I wanted to ask the question you suggest, I would have done so. My question was about notification. Seems legit to me. And if they should have been notified but weren't, I'd say that's a big problem.

The question in no way would help you. Had notification been required it would be on the seller not the city or whoever is building the apartments.

 

[Just Blue]

As has been previously pointed out, there was no notification requirement. Even if there had been, the recourse would have been a suit against the seller for failure to disclose. That would have no impact on the development.

Something else is that this appears to be a senior development. Senior developments don't generally have the same impact on a neighborhood as "regular" low-income housing. The 45 units will probably have 60 - 90 seniors living there (assuming 50% couples). The information about the other development that was denied said that "standard" developments have a density of 10 units per acre, and that one was denied had a density of 30 units per acre. This is a 2.3 acre lot, so "standard" would be 23 units, while "overdeveloped" would be 69 units. 45 is right in the middle.

If their senior development is denied, they'll probably come back with fewer units, but no age restrictions. 23 units with a single mom and three kids each may not be as peaceful as 90 seniors.

@RG and HV Please note that Mass_Shyster is a Massachusetts Attorney vetted by the Admin of this site.

 

[RG and HV]

As has been previously pointed out, there was no notification requirement. Even if there had been, the recourse would have been a suit against the seller for failure to disclose. That would have no impact on the development.

Something else is that this appears to be a senior development. Senior developments don't generally have the same impact on a neighborhood as "regular" low-income housing. The 45 units will probably have 60 - 90 seniors living there (assuming 50% couples). The information about the other development that was denied said that "standard" developments have a density of 10 units per acre, and that one was denied had a density of 30 units per acre. This is a 2.3 acre lot, so "standard" would be 23 units, while "overdeveloped" would be 69 units. 45 is right in the middle.

If their senior development is denied, they'll probably come back with fewer units, but no age restrictions. 23 units with a single mom and three kids each may not be as peaceful as 90 seniors.

The site and plan is exclusively set up by design to be exclusveily affordable housing (rentals) for seniors 62 and above. I don't believe they could come back and get around that plan.And yes, 45 is right in the middle, but that doesn't make it acceptable. We're still looking at 45 units, 90 seniors parking for up to 70 cars and more than 18 units per acre. This project will be jammed in.