So, you are buying a
house. Of course, you will have a thorough home inspection completed to
determine if the home appears structurally sound and to try to avoid purchasing
a “money pit” with a roof and a heating system on their last legs. But careful
buyers should consider performing additional homework.
Consider spending time
in the neighborhood and at the Town or City Hall to examine the existing and
potential abutting and nearby uses of land which could impact the property in
the long term. A
buyer should examine the zoning maps and inquire about past,
present and future uses and development plans of nearby areas. Sometimes owners
are surprised to find that their home is situated near an industrial use that
has the potential to generate traffic, noise or vibration, or that the home is adjacent
to the site of a future ball field or subdivision.
While you are at Town
Hall, inquire about the history of all permits issued for the home you are
considering purchasing and determine if all of the permits have been closed out
with a final inspection.
Take a look at the town
or city’s wetlands maps (typically available online) to see if there are
wetlands within 100 feet of the property, or if the property is within 200 feet
of a river front. If you plan on performing any work on the property, wetlands
regulations can impact your plans, even if the wetlands are not on your lot.
Likewise check the maps of the Massachusetts Natural Heritage & Endangered
Species Program to see if there are any priority habitat areas on the property.
A significant number of
homes in Massachusetts are so called “pre-existing non-conforming” which means
that the lots or the buildings do not comply with present zoning requirements;
which is commonly referred to a “grandfathering”. However, without doing some
homework it is difficult to tell if you will have the ability to construct any
additions in the future. If you plan on constructing an addition, it would be
worthwhile to determine what steps may be necessary before you proceed. A house
that was built, or expanded, with a
zoning variance usually cannot be further altered without a new variance
decision. And don’t be lulled into a false sense of security if somebody tells
you that you “just have to get a variance” or that you “just have to get a
special permit”; as the permitting process is somewhat complicated and is it
not always easy to meet the established criteria required for such permits.
Owning a home can be a
fabulous experience. A home is a place where families come together and share
the good times and the bad, learn from one another and create lifelong
memories. It provides handymen and women opportunities to learn new skills
ranging from how to remove wallpaper, to house painting, to fence installation,
to finding a reliable electrician. Take the time to research the applicable
local regulations that will apply to your home, or ask your real estate
attorney to help you. An ounce of prevention is worth a pound of cure.
A former REBA
president, Paul Alphen currently serves on the association’s executive
committee and co-chairs the long-range planning committee. He is a
partner in the Westford firm of Alphen & Santos, P.C. and concentrates in
residential and commercial real estate development, land use regulation,
administrative law, real estate transactional practice and title examination
.As entertaining as he finds the practice of law, Paul enjoys numerous hobbies,
including messing around with his power boats and fulfilling his bucket list of
visiting every Major League ballpark. Paul can be contacted at
palphen@alphensantos.com.
